165In that regard, such expedited retention need not be limited to the data of persons specifically suspected of having committed a criminal offence or acts adversely affecting national security. While it must comply with the framework established by Article 15(1) of Directive 2002/58, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter, and taking into account the findings in paragraph 133 above, such a measure may, at the choice of the legislature and subject to the limits of what is strictly necessary, be extended to traffic and location data relating to persons other than those who are suspected of having planned or committed a serious criminal offence or acts adversely affecting national security, provided that that data can, on the basis of objective and non-discriminatory factors, shed light on such an offence or acts adversely affecting national security, such as data concerning the victim thereof, his or her social or professional circle, or even specified geographical areas, such as the place where the offence or act adversely affecting national security at issue was committed or prepared. Additionally, the competent authorities must be given access to the data thus retained in observance of the conditions that emerge from the case-law on how Directive 2002/58 is to be interpreted (see, to that effect, judgment of 21 December 2016, Tele2, C‑203/15 and C‑698/15, EU:C:2016:970, paragraphs 118 to 121 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.